April 11



NEW YORK:

New York Lawmakers to Take Historic Vote on Death Penalty Tuesday, April
12; Experts Available for Comment


Contact: Quixote Center, 202-321-0653

The New York State Assembly Codes Committee will vote Tuesday, April 12,
in Albany on a measure to reauthorize the state's death penalty, which was
declared unconstitutional last June. If the committee votes against the
death penalty, it will make New York the first state to dismantle the
death penalty since the United States reinstated capital punishment in the
mid-1970s. New York's Court of Appeals decision left life without parole
as the maximum sentence for those convicted of the most heinous crimes.
Public opinion polls in New York show a large majority, almost 2 to 1,
supporting life without parole as preferred over the death penalty as the
maximum sentence and a large plurality opposing reinstatement.

New York's move away from the death penalty is one more landmark in a
national trend. This year legislation has progressed in New Mexico and
Connecticut, the Supreme Court has banned juvenile executions, and New
Jersey and Illinois remain under moratoriums. New York's progress
demonstrates how the political landscape has changed with regard to the
death penalty. New York was the most recent state to reinstate the death
penalty in 1995 and is poised to become the 1st to decide that its
experiment with death has failed.

Shari Silberstein, co-director of the Quixote Center and a leading expert
in the national movement to halt executions, will be available in person
or by cell phone for comment after the vote. In person, she will be joined
by David Kaczynski, the Unabomber's brother and head of New Yorkers
Against the Death Penalty, families of murder victims, and others. The
committee is scheduled to meet at 11 a.m. on Tuesday, April 12. For a copy
of the NY Assembly report based on five days of hearings, see
http://www.ejusa.org.

WHO:

-- Shari Silberstein, co-director, Equal Justice USA/Quixote Center

-- David Kaczynski, NYers Against the Death Penalty

WHAT: Available for comment after NY Assembly Codes Committee vote on
whether to reauthorize state death penalty.

WHERE: New York State Capitol, Albany, NY or by cell: 202-321-0653

WHEN: Codes Committee meets Tuesday, April 12 at 11 a.m.

(source: US Newswire)






COLORADO:

High Court Asked To Reconsider Death Sentence Bible-Reading Case----Death
Penalty Overturned For Man Who Killed Cocktail Waitress


Adams County prosecutors are asking the Colorado Supreme Court for a new
hearing after the high court overturned the death sentence for a convicted
murderer whose jury consulted Bible passages during deliberations.

In a filing, prosecutors say some jurors in the case against Robert Harlan
did consult the Bible before voting for the death penalty. But the filing
says no juror was significantly influenced, and that jurors were able to
avoid substituting biblical mandates for state law.

Robert Harlan's death sentence was tossed out because a Bible was brought
into the deliberation room.

Harlan, 40, was convicted in the 1994 kidnapping, rape and slaying of
Rhonda Maloney, 25. He also was convicted of wounding Jaquie Creazzo, a
motorist who tried to help Maloney escape from him. Creazzo was
permanently paralyzed from mid-chest down after one of the bullets struck
her in the spine.

The Supreme Court said in a three-two ruling last month that Harlan
couldn't be executed because jurors had discussed biblical passages such
as "eye for eye, tooth for tooth." Justices ordered a sentence of life
without parole.

In the request for a new hearing, prosecutors say the Supreme Court was
wrong on several points, including the conclusion that the simple presence
of a Bible in the jury room was enough to overturn the death penalty.

Jurors had testified during an April 2003 hearing that any biblical or
religious discussions were brief and not meant to influence others.

(source: ABC News)






CONNECTICUT:

Psychiatrist says Ross wants to go out in blaze of glory


Serial killer Michael Ross wants to die in "a blaze of glory" like cult
leader David Koresh, a psychiatrist testified Monday during a hearing to
determine if Ross is mentally competent to accept his execution.

Ross is scheduled to become the first person executed in New England since
1960 for murdering four Connecticut women in the early 1980s. Last year,
he decided to end appeals of his death sentence, saying he wished to spare
his victims' families the pain of more court proceedings. He is scheduled
to die by lethal injection on May 11.

But Dr. Stuart Grassian testified Monday that Ross, 45, is a narcissist
who has no empathy for those families.

Grassian said he believes that Ross has been humiliated by years of
solitary confinement on death row and has become depressed. Like David
Koresh, who died in a fiery FBI raid on his compound near Waco, Texas, in
1993, or the two Colorado teenagers who killed themselves after shooting
classmates at Columbine High School in 1999, Ross is using death as a way
to prove his importance, Grassian said.

"These are people who can't take it anymore, but who are going to show
people how strong and powerful they are. He's trying to go down in a blaze
of glory like these guys did."

New London State's Attorney Kevin Kane and Ross' lawyer, T.R. Paulding,
tried to portray Grassian as someone with an agenda who was promoting a
theory about so-called "death row syndrome." Grassian appeared agitated at
times during cross examination.

They said Grassian was ignoring the fact that Ross tried to end his
appeals before he and other inmates sentenced to death were moved into
solitary confinement when death row was relocated to Northern Correctional
Institution in Somers in 1995.

Kane asked Grassian how he felt about the death penalty, and the
psychiatrist said he had mixed feelings. During a break in the hearing,
however, Grassian gave a reporter a different answer.

"As a society, it doesn't serve us well," Grassian said.

The hearing was expected to continue Tuesday and end on Wednesday or
Thursday. Two other psychiatrists are scheduled to testify.

Ross, who insists he is competent, was clearly frustrated by Grassian's
testimony. At one point he threw his hands into the air, and at another he
turned his chair away from the witness stand toward the wall.

Paulding said Grassian called into question many things about Ross,
including his religious faith. Grassian said there was no reason to
believe Ross has a deep faith.

Grassian also kept comparing Ross' legal tactics to a chess game he
enjoyed playing.

Ross was originally scheduled to be executed on Jan. 26 after a state
judge declared him competent, but the date was delayed several times
because of court challenges. The execution was put on hold again after
Paulding said he needed to explore the possibility that Ross' living
conditions may have contributed to his decision to accept execution.

Superior Court Judge Patrick Clifford appointed another attorney, Thomas
Groark, to investigate and argue that Ross is incompetent. Groark hired
Grassian, a leading expert on the effects of solitary confinement, to
interview Ross.

Grassian said death row, where Ross is monitored even when using the
bathroom, is a hard place for anyone to live and is "utterly humiliating"
for a narcissist such as Ross.

Grassian's testimony came on a 3rd day of a hearing that began last week.

(source: Associated Press)



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